In connection with the unusually strong spill of the river, the representative of the consignor insisted that the captain of the vessel should choose a shorter way, which was supposed to lie outside the normal fairway. In his opinion, only when this condition was met was it possible to deliver the goods by the appointed date. The captain refused and took the ship in the usual way. The consignor requested the carrier to pay damages in the amount of the penalty paid by the sender for the delay in delivery of the goods.

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